Original subtitles

Previously on The Practice. You remember Miss Mayfield, his charge was shaking

to death an 11 -month -old child that was entrusted to her care.

I think she's innocent.

The psychiatrist thinks you could be in denial.

What? He makes room for the possibility that you don't even have a memory of it.

That's why you passed a polygraph.

You know the father of the victim. He's in the congregation.

You think he could have done this? Don't you think we'd like it to be the

father? History of abuse, tendency towards violence.

But the doctors tell us the death was immediate.

Evelyn Mayfield was the only one there.

I'll give you manslaughter.

I didn't kill him. And I will not say that I did do it just to get less jail

time. Then we go to trial.

boyfriend lives alone brother big house why not plan b them it might be worth a

try give them a soft plan b did you murder your sister in frame george vogel

you follow her to the bar then go to the motel that's thick i represent steve

robin and his dad steve robin brother of the victim in your vogelman trial

eugene accused him of being the killer we're suing you i can paint a pretty

disgusting picture of you guys in front of a jury team plan b

Okay, I've consulted three lawyers, all three say settle. I want to fight. So do

I. Okay.

Jimmy, you're first chair. What? What? Look, no offense, Jimmy, but shouldn't

you be doing it? I mean, he's good.

You're great. But we need our... Best.

What's that?

Oh.

Christmas.

Surely you've heard of it.

It's the first week of December.

The people who don't like Christmas are the people who get behind in their

shopping. And the reason they get behind is because it sneaks up on them.

It's not sneaking up in this office.

Not under my watch.

What's that on your head?

Oh. It's a mistletoe.

My friend Elaine invented this thingy.

It's cute, huh?

Yeah.

It's 11 o 'clock.

Why are you here?

Couldn't sleep.

Mayfield trial?

Might as well work if I'm awake.

You didn't have any chance.

I mean, the baby died in her hands. Why are you so convinced she's guilty?

She just gives me the EBTBs. You really think she's innocent?

Yeah.

Remember, she did pass the lie detector.

Well, bleedings are all packed.

Anything else you need, I'm about to go.

Here, I'm all set. Thanks.

And thanks for decorating the place. It looks great.

Well, Christmas should be Christmas.

Merry Christmas.

Christmas should be Christmas. And a kiss should be a kiss.

Get mistletoe.

No.

How can you not move for summary judgment?

Because it won't fly, and it's... Still, you've got to try with the stakes so

high. It'd be the same as our motion to dismiss, Eugene.

The judge said this thing would turn on the facts. What about preserving appeal?

If this were going to turn on law, he would have kicked it. If we push for

summary judgment, it's going to look like foot dragging.

Judge Papp holds grudges. He lets the jury see him. We do not want an

judge in this trial. Let's calm down.

Nobody's talking Christmassy.

Every time we break, every recess, I want you to go to her, embrace. I want

jury to remind that every chance we get that you believe in her. Absolutely.

You doing okay?

Believe it or not, I am.

I'm in God's hands now. Evelyn.

I know.

All I'm saying is you're not in God's hands on this. You're in the jury's.

And I don't want you to come across as a zealot.

I get it, Bobby.

Good. Okay, let's go. We got a cab waiting downstairs. It's cold.

Good luck. Thanks. Bobby, I know you think Jimmy matches our best against

silver, but... I heard that.

What?

Whatever you were saying behind my back. Listen, I gotta get to court. We'll

talk about this later.

You think I can't do this, Eugene.

I know you can do it.

Bobby. Bobby.

Two things.

One, good luck.

Two... I'm sorry if I embarrassed you. I didn't mean to.

But it was an awesome kiss.

Not that I have any designs, but if your lousy personal life comes from any

insecurity, you should know that 90 % of women are looking for a cute guy with a

steady job who can kiss.

You're three for three.

Trial. Don't be late.

And you?

They suspended him from school.

For what?

For passing a few notes.

It's the most ridiculous thing I ever heard of, and I want to take them to

court. In here.

And don't you be swatting him. I'm not going to swat him.

You just keep the blinds open, because I don't trust you. I came here for some

civilized lawyering. Swat anybody.

In here, Michael.

You can come.

Sexual harassment?

Yes. A few notes in the back of the classroom, and they bounce them. Well,

was in these notes?

Not much, Jess. You've got a crush on this girl, Kitty Nelson.

You know, she finds one of these notes, she takes it home to her mental mother,

her mother makes a complaint, and they bounce them.

What was in the notes?

Just stuff.

What just stuff?

You know, nice ass and stuff. Nothing bad.

The autopsy was conclusive.

Yes. It showed Kevin Barlow died from injuries consistent with shaken baby

syndrome. Doctor, is it possible that these injuries could have been caused by

an accident?

No. There was extreme hemorrhaging in the bilateral anterior chamber and also

retinal hemorrhaging.

Which means?

It was not an accident.

The degree of force had to be severe.

What about some other medical condition?

Nothing in his prior medical records or my examination revealed any other cause

for these symptoms.

Is it possible to tell when the shaking occurred?

Well, based on the acute conditions present, Kevin's death would have been

almost immediate.

Now, you found a contusion on Kevin Barlow's forehead, didn't you?

Yes, but that... Which was about ten days old.

That injury was not life -threatening and was, in fact, healing when he died.

Isn't it true that a prior head injury could begin to bleed spontaneously in

brain? Yes, but in this case, that wouldn't explain the extent of the

Well, isn't it also possible that something could have happened to Kevin

prior to being dropped off at Evelyn Mayfield's house? The likelihood of that

so negligible that... Is it possible?

I suppose anything is possible, but... Thank you, Doctor.

You answered the question.

How possible?

Minuscule. The symptoms here suggest an immediate death, not one that occurred

hours later.

Thank you.

But your findings don't conclusively exclude the boy dying hours later.

We can't positively exclude it, no.

Thank you, Doctor.

We have been sitting here over an hour, Rebecca. You haven't given me anything.

I said that I will talk to the principal.

But I have to tell you, schools are big on sexual harassment policies. Big

because all these rat lawyers got them running scared of getting sued.

It is a big cover -your -ass disgrace.

Yes, I'll stick that argument in a footnote and not lead with it.

But that does give me an idea as to how the word ass slipped into his

vocabulary. You be the lawyer, all right? Not the mother.

Why are you two always fighting? I am not fighting. You watch your mouth, all

right, Michael? You talk with some respect, plus which she might hit you.

one more word like that and you can get yourself another rat.

Are we clear?

We're not all ophthalmologists, doctor. Would you explain retinal hemorrhaging?

That's when blood vessels leak into the eye.

But here, there were also retinal folds, where the retinas were essentially

folded over, almost like contact lenses.

These are both indicators that a child has been forcefully shaken.

Now, would an individual suffering from retinal folds be able to focus their

eyes or respond to visual cues?

Absolutely not.

So then I asked Evelyn Mayfield if the baby's eyes were tracking when he came

her. She said yes.

Which means what?

Which means either she was lying or she killed him.

Objection. Sustained.

You didn't believe her. If the baby had been shaken before he came to her house,

according to the doctors, it would have been impossible for him to track with

his eyes like she said.

If she really did see them track, he was shaken after he got there.

Detective, when you use the word tracking, what do you mean? It means

not someone's eyes could follow a visual cue moving back and forth.

I see. Did you explain tracking to Evelyn Mayfield when you questioned her?

I explain it? Yes.

Did you explain the term?

I don't think I did, no.

In fact, you didn't know if Evelyn was even familiar with that term at the time

you questioned her, did you? In her statement, she said the baby's eyes were

tracking. She said it. I assume she understood the meaning.

Yes, she used the word tracking.

But that doesn't mean she meant responsive to visual cues.

Then what did she mean? We don't know, do we?

Maybe just that they were open.

No! to strike. She's testifying. She's testifying.

She's testifying. She's testifying. Auntie Em, come back.

You sound like the Wicked Witch of the West when you object.

Oh, you're Glinda.

Did she understand tracking?

Oh, yeah.

You never should have put your hand down!

Mommy!

That's good.

What is going on?

What? We do this every night.

What are you doing here?

You weren't picking up. I need to talk to you.

Is it deterred?

It's already in my room.

What's the matter?

The kid's father.

He goes up tomorrow.

Yeah, so?

How important do you think it is that we go after him?

Like maybe he killed his son.

How important?

Hello, that's our whole theory.

Lindsay, next week we go on trial for accusing the Robin kid of killing his

sister. Now, if we plan B, the father, tomorrow on this case, guaranteed Tommy

Silva will be making a big meal out of it.

Think about how it will look.

We screamed that a brother killed his sister, now a father killed his son?

They're two different cases.

Even so.

Look, we can't get out of Evelyn's trial now. We've already started, and we

can't not go after the father. That's our defense.

The only choice here is to settle the Robin lawsuit, which is what I've been

saying all along.

And beyond that, Jimmy, he's a good lawyer.

But I think...

Everybody's having a hard time with you putting our survival in his hands.

Eleanor and Eugene can't do it. They're involved.

Well, then get outside council or go with you and me.

But not Jimmy.

You know, Lindsay, about a month or so ago, we exchanged a kiss and we never

even talked about it.

It was in the middle of the Pearson trial.

Should we talk about it?

Well, why are you bringing it up now when we're in the middle of another

I don't know. It's just... It's not something you want to discuss?

Not right now, no.

I dropped my son off at Evelyn Mayfield's house that day. I waited in

office. That was our routine.

What time did you drop him off?

It was around 8 .30 in the morning.

About an hour and a half later, I got a call from the hospital saying that Kevin

was... that my son was dead.

Sir, the defendant claims your son was crying when you delivered him to her.

He was hungry, but he wasn't upset or... Physically, he was okay.

He was fine.

From the time you left your house that day and arrived at Evelyn Mayfield's,

and Kevin were alone together.

Is that correct?

Yes. There were no witnesses, no one else present during the 20 minutes

you arrived at Evelyn's.

Witnesses to what? Me behind the wheel and Kevin in the child seat and back?

Well, when you arrived at Evelyn's that particular morning, Kevin was crying

uncontrollably. He was not crying uncontrollably, counsel. He was just

Why was he crying?

He was probably hungry.

There was a contusion on Kevin's forehead. You know anything about that?

his head on a coffee table.

You didn't hit your son, Mr. Barlow? Objection. I certainly did not. Ever

your wife?

Objection. Offer to show that this man has a history of violent behavior. Move

to strike. The objection is overruled. Mr. Barlow, were you arrested for

domestic battery stemming from an altercation between you and your wife?

was a long time ago. That was a yes.

Yes. You hit her.

I lost my temper. You hit her. Yes. Open hand or fist.

Open hand or fist, sir? It was more than nine years ago.

Open hand or fist?

Fist. Ever hit your son Kevin with an open hand or fist? Objection! It's

badgering! All right, counsel.

Did you hurt your son?

Counsel, dial it back.

If it's no, Mr. Barlow, all you have to say is no.

No. I did not hurt my son.

If you almost had him, I could see his face getting red. You think I should

gone harder?

Pretty interesting strategy in there. Plan B, right? Hey, Tom, what the hell

you think you're doing? All right. Sticking your nose in a criminal trial

the purpose of a civil case?

Maybe I should report you to the bar. I'm just in there watching. Right now,

you're talking. All right.

Was this your only case? No, my biggest. Come on.

Come on.

The principal was understanding.

But he said it's school policy. So, you can march into court if that's what you

want to do. I do.

Okay. When?

Because he is missing school now.

It's already scheduled.

We go tomorrow.

We meet here at nine, then go.

All right.

Just so we're clear, you don't talk.

What if the judge asks me something?

I will try to prevent that from happening, trust me. Don't be getting

me.

Hey, how'd you do?

He stayed under control.

Helen probably sat on him, and Silver was there taking notes.

Oh, I got a meeting with him tomorrow.

Silver? See if I could find his squeal point. We know each other some, so...

Good.

That bruise on his forehead was an accident. What happened?

I just turned my back for a minute, and he bumped his head on the coffee table.

Mrs. Barlow.

Did your son have any other injuries or medical problems of any kind?

No.

My client had been caring for Kevin for over three months. Is that right?

Yes. My husband and I both work days, so she watched him Monday through Friday.

And over the course of the three months that Evelyn Mayfield was watching Kevin,

he always seemed well cared for.

Yes. In fact, you described her to your friends.

As a great caretaker, didn't you? I've changed my position on that, Mr. Donald.

Mrs. Barlow, honest answer, you don't know what happened once Kevin left your

house that morning, do you? If you're suggesting that my husband could have

involved, I absolutely know you're wrong.

Because you have his word. And because I know him.

Were you injured when he struck you?

Objection! Overruled.

Did he hurt you?

That was a long time ago. The question was, when you went to the police station

and filed a complaint for domestic battery, had you been injured?

I had a small cut or so. It wasn't that bad.

I'll show you these photographs.

Marked defense exhibits one through three for identification.

Do you recognize what they depict?

That's me.

With a small cut.

Lindsay spends the morning with character witnesses, people from the

mostly, parents of kids you've taken care of. I don't expect them to be cross

-examined. After lunch, it'll be you.

Okay.

You ready?

I just tell the truth.

Well, it's not going to be that simple, Evelyn.

Helen Gamble is good.

And she can be pretty vicious.

She can, Lindsay, let's admit it.

Now, the big one.

Those 40 minutes. You said you called 911 about 20 minutes after the baby was

dropped off.

But the call didn't come in until after 10.

That's the hole.

Have you given that any more thought?

All I can say is what I remember.

Maybe I got the time wrong. I believe you.

But it may not sound believable. What should I do? Should I make something up?

No.

Well, what, they're going to convict me of murder because...

I lost track of time?

Yes, it could come down to that. Look, an 11 -month -old boy was killed. The

jury is going to hold somebody accountable. But it wasn't me.

You were the last one with him.

Be prepared to be hit on those 40 minutes.

You know, far be it for me to suggest this since you all hammered me the last

time, but... But what?

This is the deja vu to the Vogelman trial.

Last thing with the victim, it has to be her.

So? So, you've got the same public pressure on the DA's office. They need

this conviction.

Evelyn Mayfield is the only one they could possibly get it against, so she's

one that they're going after.

As much as you hated me for torpedoing Helen, you could do it again.

What?

Call her as a witness.

Get the same testimony.

Sometimes the choice of who they go after is linked to who they think they

convict. I know.

It's ass backwards.

We can't call Helen as a witness. First, it would be a mistrial. Second,

there's... So?

Would a mistrial really be that bad?

Where are you?

I don't know.

But we're not calling Helen.

Well, it's another card you can play.

Night.

Where do you think we are?

Well, I think she's innocent, Bobby. But the truth is...

I don't know it.

If the jury's where I am, we have reasonable doubt.

It's a note.

Passing a note in the back of a classroom.

A note containing a sexual description. She's got a nice ass.

It's sexual objectification.

Come on.

And as silly as it may seem, the policy at Brockton is no different from every

other school across this country. That only makes it more ridiculous.

He's ten years old. Kids write on bathroom walls. Kids pass notes. And

he should do more than that? What if he commits a sexual assault? Well, then you

suspend him. But for a note, you don't suspend him. The point is the school has

notice of the note and therefore could be held liable if his behavior

I knew it.

This is just some cover -your -ass lawyer.

Ms. Baylor.

Your Honor, we are getting carried away here.

Now, are you saying that your client is being treated unfairly under the policy

or that the policy itself is unfair?

I am saying if we are at the point where girls and boys can't talk to each other

at school, if they can get suspended for passing notes, what is going on?

They don't want to settle for nothing, but I try to settle for it.

400's not going to do it, Jimmy.

Tommy, even if you win, you're looking at automatic appeal.

This case is threshold.

Suppose the jury gives you a million.

End of the day, present day value of four.

Turns out to be more.

I understand.

Off the record?

My client's wealthy.

He's dying of cancer.

It's not about money.

He wants you guys out of business.

At first, I thought he'd take a million.

Clients come in mad, then they settle down. You know how it is.

But he ain't settling down.

He wants you guys selling your furniture.

Client comes to me with that kind of revenge on his mind, I tell him, go get

another lawyer. Oh, come on, Jimmy.

Look what they did to this kid.

You wouldn't take this case?

I just had a sense that something wasn't right. Kevin usually didn't cry like

that. How long did he cry for?

Maybe 10 or 20 minutes or so.

And then he finally stopped.

So I put him down for his nap.

And when did you realize that something was wrong?

I checked on him about 15 minutes later.

And he wasn't breathing.

What did you do?

I tried to give him CPR, but it just wasn't working. He wouldn't breathe.

So I called 911, and finally the ambulance came.

Now, Evelyn, the baby arrives at 8 .30. 20 minutes of crying, 15 -minute nap.

You called 911 at 10 .07.

That leaves 40 minutes I counted for. Maybe he cried longer, maybe he napped

longer, or got there later. I honestly don't know.

I'm not sure how long I did CPR before I called.

And also, I was in shock, maybe.

I guess the time frames could be off.

But I never harmed that child.

And the idea that I could have...

Forty minutes.

Kind of a lot to be off by. I've done my best to explain it. You were in some

shock.

Is it possible you maybe blocked out some time in your mind? I'm sorry?

Something happened which you blocked out of your mind.

I don't think that's the case.

Oh, it's such a traumatic event.

Certainly it's the first time you've ever discovered an unconscious baby.

Isn't it?

No.

There was another one.

A few years back.

And I saved that baby performing CPR.

You did?

So you have experience with reacting to crisis?

Yes. So seeing a baby not breathing, that wouldn't be so horrific to cause

to block out time.

That's right. What if you killed that baby?

Objection! You don't have any experience doing that, do you?

No, I do not, Miss Gamble. Think you might block that out? I did not harm

baby.

You know, something else struck me as funny.

You never... called Mr. and Mrs. Barlow to tell them what happened, did you? The

police called them. Yes, much later. But why didn't you?

You're babysitting their child. He dies.

You don't call?

Everything was happening so fast. I was going to call them.

The first thing was trying to save him. Yes, but why didn't you call them after

you called the ambulance to let these people know what had happened?

I was holding Kevin.

Or after they took Kevin away, was there another reason why you didn't call?

Is it possible that the reason you didn't call was because you couldn't

face them?

Because your conscience knew the truth about what you did?

No, that is not possible.

Manslaughter's still good. You just gave us grounds for appeal, prior bad act.

That wasn't a bad act. She saved that other child, plus she opened the door.

did not. Just take manslaughter. She didn't hit any home run in that. She's

going to take manslaughter. She will if you tell her to.

I won't tell her to, and I don't think that you make the elements.

Look, this could go either way. We all know that.

Why do you want to risk life?

Manslaughter, she's out in five.

You want to stay up all night working on a closing argument?

You guys ever get tired?

Excuse me, sir.

Hey, Bobby, I'm just watching. It's legal.

Yeah, yeah.

How much of her testimony did you hear?

The most, I think.

Do you believe her?

I don't know.

But I don't disbelieve her.

They're offering manslaughter.

I wouldn't.

Really? I don't think they made their case.

Not on murder.

Pretty soon, it'll be illegal for a boy to give a girl a flower.

I share the petitioner's concern.

I also share the notion that a school is a child's first introduction to

society. It should be no less sexually charged just because they're children.

In fact, because they're children, maybe these school policies are our best hope

of one day curtailing gender hostility and discrimination.

We're quick to say education beats retribution.

So let the schools try to educate.

I'm upholding the suspension.

You've got to be kidding me. The world has gone upside down.

I agree.

But since passing a note as an adult could cost him a lot of money and even

job, maybe it's best to give him the message now.

And maybe it's time to change a stupid, ridiculous, god -awful, laugh -out

-loud, dumb law.

There's always that.

The key is, Dr. Cabin, he testified possible death wasn't immediate. Remote,

likelihood that... He said possible. You just keep hammering possible, possible,

possible, doubt, doubt, doubt, doubt.

I'm leaving.

My father knew the hours I kept here.

Lucy, what's your father do?

He drives a cab.

Why?

Nothing.

And, um, what about your mother?

She's dead.

Oh, I didn't mean to.

I've heard you say parents.

Yeah, well, sometimes I include step thing.

What are

you doing?

We have to stay in reasonable doubt, Bobby. We can't just try to argue the

father did it.

I know.

Can I ask you something?

Are we a couple?

I mean, a couple in waiting.

We've kissed. We... What are we doing?

Or not doing?

What's going on? Are you dying? Why is it suddenly coming up?

Well, isn't it strange that we don't address?

Obviously, we have feelings.

You're asking me if it's strange that you don't address your feelings?

Well, I just insulted.

Bobby, I was in love with you once.

Maybe I still am, but I don't think... What?

Do you really want to get into this?

No. This isn't a great life.

Great job.

But life?

Yeah. I need somebody to pull me out of this a little. And whatever you may be,

you'll never be that.

So we're not a couple in waiting?

Truth.

I could fall in love with you all over again if I let myself.

But I won't.

Their own medical expert told you that it was possible the injury could have

occurred before Kevin Barlow arrived at Evelyn's house that day.

He told you that.

Possible.

Kevin's father was alone with him.

Did he shake them?

We certainly have no evidence that he did.

No witnesses.

But they have no proof that he didn't.

Do they?

And he does have a history of violence.

Evelyn Mayfield doesn't.

You heard witness after witness after witness tell you they've never seen a

of violence in this woman, or even anger for that matter. Their whole case is

that she was with the baby at the time of death.

Why, their own doctor says the injury could have preceded the boy coming into

client's custody.

Reasonable doubt?

The doctor's testimony was that it was a virtual certainty that the baby's death

was immediate.

Oh, sure, they seize upon that word, possible.

It's a great word, because it's so difficult to disprove a negative.

Possible.

Well, anything's possible, I guess.

But that doctor told you that the baby's death was immediate and the defense has

done nothing to contradict it.

Maybe Evelyn Mayfield really does believe she didn't do this.

Sometimes psychic anguish can just block out all memory. It's been known to

happen.

But she did do it.

And deep down, she knows she did it.

That's why she didn't call the parents.

That's why she froze on the stand.

And when all these people from her church march up there and say, Oh, she

couldn't have. She couldn't have.

Well, it probably makes it easier for her to think.

She couldn't have.

The death was immediate.

She was the only one there. She cannot account for 40 minutes.

40 minutes of blank time which coincides with the time of death. Of course.

course she did it.

Roberta, I couldn't sleep all night.

I want to appeal. We can't appeal even if we could. He's a good kid. Well,

nobody's saying he isn't.

Are you okay?

What chance has he got?

You know, I try to get him to stop stealing, and the best way to do that is

keep him in school, but the school throws him out, and the courts won't

I'm all by myself.

If Dad only comes to see him on weekends, and I try... Hey, hey.

Nobody is blaming you here.

He's getting away from me.

You know, the last couple of years, he was a good kid.

And now he's out stealing bikes.

He needs something I can't give.

What's up?

Listen, everyone's nervous about you doing the Robin trial.

Me, I think you can do it.

We have a partner's meeting later.

A partner's meeting? Our first one.

In honor of me?

I expect to get voted down, but tell me how you plan to try it.

Does it matter? It might.

Tommy Silver's gonna get up there and try to separate himself from lawyers.

I think he's going to try to get the jury to send a message.

I plan to be more of a little guy than Tommy.

Play it simple.

Tell him we had an innocent man faced with losing his life.

And we fought for him.

Bobby, we got to go.

Right. We can call the chambers.

I just received a question from the jury.

I'll tell you how I plan to respond and then give counsel for the state and the

defense the opportunity to make any comments or objections.

The question is, well, actually it's two questions.

First, they would like to know if they can have more water.

Second, they would like to know if killing an infant in and of itself

constitutes extreme cruelty.

So, what's going on?

They're deciding between murder one and murder two.

How?

The question was about extreme cruelty.

One of the elements necessary for the first degree charge.

Well, maybe they just didn't understand it.

That isn't it.

They're not deciding between guilt or innocence anymore.

It's between first and second degree.

I doubt that the DA would be even willing to offer manslaughter right now,

but... I should at least try.

No. Evelyn... I'm not going to agree to manslaughter.

Are you even listening to what I'm telling you? God won't let them convict

I know he won't. I know it.

Listen, I think God has dropped the ball here.

Either that or Helen Gamble got to him. You need to prepare yourself. It's not

going to happen!

He's going to take care of me.

Now, if you could excuse me, I need to pray.

Honey.

Maybe we should listen to what he's trying to say here.

I need to pray.

I couldn't believe it. Her face. She had this religious blank stare. She looked

like... Can it stop? I'm trying to tell her she's facing life in prison and she

doesn't even hear me. Have they come back with a verdict?

Not yet. I told you she was guilty.

EBGB, lady. Shake, rattle, and roll.

Lucy.

It's not that we don't think he's any good.

Then why are we sitting here? Because this isn't just any case. Our whole

rides on it.

Jimmy may be good, but he certainly isn't our best. We could hire better,

outside counsel.

I've seen Tommy Silva at work. He plays the regular guy thing like a violin.

That's exactly why we... Jimmy's style, I still believe, is the perfect counter.

Lindsay, remember how he did in the Powerlines case?

Yeah. The case against us is stacked. Dead sister, brother accused, life

father dying, the evil criminal defense lawyer. This case is tailor -made for

Tommy Silva. He will tap into the people's contempt for lawyers.

Jimmy is a teddy bear. He's good.

In my opinion, he represents our best chance.

All right, why don't we just take a vote?

All again.

All four.

Mine counts for two, remember?

Rebecca, you're a partner, too. You could take all your property away as

Eleanor, let her make up her own mind.

I'm with Bobby.

Three to three, I decide tiebreakers.

Jimmy's got the case. You basically have three votes now? It's in the

partnership. Jimmy will first chair. I'll be second.

Who won?

The jury's back now. 30 minutes.

Jimmy, quick vote. Your case.

Congratulations.

You'll do great, Jimmy.

Good luck, buddy.

Will the defendant please rise?

Mr. Foreman, the jury has reached a verdict.

We have, Your Honor. What say you?

Commonwealth v.

Evelyn Mayfield on the count of murder in the first degree.

We find the defendant, Evelyn Mayfield, not guilty.

On the count of murder in the second degree, we find the defendant, Evelyn

Mayfield, guilty.

The bailiff will take the defendant into custody.

The jury is dismissed with the thanks of the court.

We are adjourned.

I'm filing a motion.

For the judge to consider reducing the verdict to manslaughter, I don't expect

it to fly. We can appeal, right?

Yeah. We'll appeal.

We'll win.

It won't end like that.

It'll be okay, Bobby.